During Judge Amy Coney Barrett’s confirmation hearing to the Supreme Court, Democrats focused in on a number of cases that may come before the court, though Barrett declined to give answers to how she might rule. She also declined to say whether the Constitution gives the president the authority to delay the election.
Sen. Dianne Feinstein (D-Calif.) noted that President Donald Trump has suggested the idea of delaying the election and asked Barrett, “Does the Constitution give the President of the United States the authority to unilaterally delay a general election under any circumstances? Does federal law?”
But Barrett declined to answer, saying, “If that question ever came before me, I would need to hear arguments from the litigants and read briefs and consult with my law clerks and talk with my colleagues and go through the opinion writing process.”
She added, “If I give off-the-cuff answers, then I would be basically a legal pundit and I don’t think we want judges to be legal pundits. I think we want judges to approach cases thoughtfully and with an open mind.”
Watch the video below:
When asked if the Constitution gives the president the authority to delay an election, Judge Amy Coney Barrett says, "If I give off the cuff answers, then I would be basically a legal pundit and I don't think we want judges to be legal pundits." https://t.co/Cf9zQaZdGx pic.twitter.com/9RcTh9Dy75
— ABC News (@ABC) October 13, 2020
Trump’s supreme court nominee was also asked if she would commit to recusing herself from a potential 2020 election dispute, to which Barrett said, “I have had no conversation with the president or any of his staff on how I might rule in that case.”
See her comments below:
“I have had no conversation with the president or any of his staff on how I would rule in that case,” Barrett says when asked if she would recuse herself from a potential 2020 election dispute after Trump said he is counting on a 9th justice. https://t.co/rfUcaOiVbd pic.twitter.com/So36JpZvtU
— This Week (@ThisWeekABC) October 13, 2020
In late July, Trump blasted mail-in voting and said that the election would be fraudulent. He tweeted, “It will be a great embarrassment to the USA. Delay the Election until people can properly, securely and safely vote???”
Republican lawmakers shot down Trump’s suggestion of delaying the election. Sen. Marco Rubio (R-Fla.) told reporters, “He can suggest whatever he wants. The law is what it is. We’re going to have an election that’s legitimate, it’s going to be credible, it’s going to be the same as we’ve always done it.”
The Constitution is clear on the date of the election — only Congress can change the date of the election, the president can not.
Article II of the Constitution reads, “The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
